SEC proposes 401-page crypto framework with fundraising exemptions and decentralization safe harbor

The Securities and Exchange Commission published its 401-page Regulation Crypto Assets proposal on August 18, 2026, in proposed rule filing S7-2026-27, outlining dedicated rules for crypto asset investment contracts, token fundraising and potential exits from securities classification. The framework draws a sharper line between a token itself and the offering, sale or promotional scheme around it, focusing securities treatment on that surrounding arrangement rather than on every digital asset in isolation. It would let early-stage projects raise up to $5 million over four years and provide a broader exemption for projects raising up to $75 million annually, subject to different disclosure and reporting requirements, while offering a conditional safe harbor through which sufficiently decentralized networks could potentially move outside securities classification. SuperstateInc General Counsel Alex Zozos described the framework as a barbell structure with a path into securities laws for fundraising and a way back out. Public comments are open through approximately October 20, 2026, Commissioner Hester Peirce has addressed the still-deliberative measure, and the proposal may change. Lewis Cohen of Cahill Gordon and Reindel called it directionally positive but said the industry still needs the Clarity Act. Zach Pandl of Grayscale said Ethereum, Solana and BNB Chain could benefit if clearer rules encourage more U.S. tokenized financing, although greater network activity would not guarantee higher token prices.

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